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STATE v. SMITER

No. 2010AP599-CR.

793 N.W.2d 920 (2010)

2011 WI App 15

STATE of Wisconsin, Plaintiff-Respondent, v. Tracy SMITER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 28, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Maayan Silver of Gamiño Law Office, LLC, Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J.B. Van Hollen , attorney general, and Thomas J. Balistreri , assistant attorney general.

Before CURLEY, P.J., FINE and BRENNAN, JJ.

BRENNAN, J.

¶ 1 Tracy Smiter appeals from a judgment, entered after he pled guilty to possession of cocaine with intent to deliver. He argues, pursuant to Arizona v. Gant, ___ U.S. ___, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009),1 that police officers illegally searched his vehicle after arresting him for possession of marijuana, and that the circuit court erred when it denied his motion to suppress...

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